Hmmm....
Posted on 02/12/2013 11:09:04 AM PST by Uncle Chip
It is truly amazing to think that it will soon be a year that has passed since the State has had possession of Trayvon Martin’s phone and yet mysteries still remain even leading up to the point of Bernie de la Rionda handing Mark O’Mara discovery concerning the phone right in the middle of court on February 5th, 2013.
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When last I wrote of Trayvon’s cell phone it was a complete mystery as to who, what, when and where some mystery person took the cell phone, unbeknownst to O’Mara, out of the evidence room of the FDLE and shipped it off to some mystery place in California were apparently the phone was accessed and sent back to the FDLE.
O’Mara’s concerns about these specific areas of the phone were expressed in two forms; Defendant’s Motion to Continue, filed on Jan 30, 2013 and Defendant’s Motion for Specific Discovery filed on Jan 31, 2013.
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On October 5, 2012, SA Gilbreath of Angela Corey’s office retrieved the phone from the FDLE. Gilbreath then sent the phone via FedEx ... to Detective Perry Khul at the Santa Barbara Sheriff’s Office in California on October 12, 2012.
Here is where the first new questions arise. The first concern is why did it take Gilbreath seven days to send the phone and why is it being shipped via FedEx? It may very well be a common occurrence in the legal world to ship evidence around in such a manner so unless O’Mara makes an issue of it I suppose it’s of no concern. However the second issue of the time gap between
The phone was received by Kuhl on October 15, 2012 where it is then described by the state that Kuhl “was able to access the phone(figured out the code) allowing someone else to recover additional information”. This presents a bit of another problem as that language is vague to the extent if they mean someone in California accessed the information. Regardless, Kuhl shipped the phone, again via FedEx, on the October 29, 2012 back to Gilbreath who received it on October 31, 2012 at the State’s office. Again Gilbreath keeps the phone for eight days where it’s then given to SA supervisor David Lee of the FDLE on November 8, 2012.
On November 9, 2012 Lee gives the phone to SA Brenton of the FDLE for download of the contents of the cell phone.
At this point it is not entirely clear what happens with the phone and its location. The state describes that they informed and had discussions with the defense during November/December and say in their response that “access to the phone was achieved but further analysis would be required. FDLE did not have the tools necessary to do so.” This again is a bit vague. Was Brenton able to download the information or not? What further analysis was needed?
Regardless, on January 13th, 2013 Brenton flew with the phone from Orlando to Cellebrite in New Jersey where they say additional information was recovered from the phone and flew back, presumably with phone, on January 15, 2013.
If you will notice, there is a rather large time gap here. The last date provided regarding the phone was November 9, 2012 and the next we hear of it is January 13th, 2013. So where was it for nearly two months?
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Finally we get our newest and latest surprise. Somehow and somewhere along the way the description of Trayvon’s cell phone has morphed into what is now being described as a “flip-phone”.
Meanwhile the Defense is closing in on DeeDee:
MOTION FOR SUBPOENA DUCES TECUM TO STATE WITNESS, CIVILIAN WITNESS 8
http://184.172.211.159/~gzdocs/documents/0213/motion_std_witness_8.pdf
The only thing I have read (I live in Florida) is that they got data from it...except for the day that he attacked Martin. Somehow, there was mysteriously no data on that day. They said the charge had probably run out.
That’s highly unlikely, since people like him (drug dealers) keep their phones charged morning, noon and night.
So while they may release a few descriptions of places he visited, the fact that they “can’t find” his record for that day is beyond suspicious.
The cell phone towers would still have a record of the “pings” showing the cell phone was on and in contact.
That would indicate there was evidence but that it was removed. IOW spoiliation of evidence which is grounds for dismissal.
Wasn't his girlfriend talking to him on that phone? I thought they had testimony from this girl about talking to him and that he told her someone was following him.
“it was a complete mystery as to who, what, when and where some mystery person took the cell phone, unbeknownst to O’Mara, out of the evidence room of the FDLE and shipped it off to some mystery place in California were apparently the phone was accessed and sent back to the FDLE.”
Sounds like a serious break in the chain of custody to me...........the whole think stinks of tampering IMHO.
Obviously the evidence collected from the phone was not helpful to the prosecution, which has controlled custody and access to the phone since soon after the incident took place.
Occam’s razor, folks.
Yes, that’s what’s so strange about it. He was clearly in contact with people...and now they say there’s no record of this?
The area is a regular urban/suburban area and is stuffed with cell phone relay points, so there couldn’t have been a gap.
So what happened to those calls?
Dear Prosecution,
Please contact Mike Nifong to see what happens when you continue to prosecute a case even after evidence proves those charged to be not-guilty.
Thank you,
A concerned citizen
Everyone who watches NCIS knows you can’t change the timestamp on files or the data themselves in a phone! (do I need the /sarc tag?)
I’m sure they have the info, but as you say, the problem was that it didn’t support the “official” (government) case.
It’s definitely evidence tampering - but who is going to prove it? Martin’s defense is being blocked at every turn.
Even more obvious is that the evidence it contained was exculpatory which is why they have dragged their feet in turning over the contents to the defense counsel.
Hmmm....
“Martin’s defense is being blocked at every turn.”
That would be Zimmerman’s defense...Martin’s dead.
Mystery person taking the phone from the evidence room, along with it’s being shipped all over the place via Fed Ex is a bunch of crap. Why didn’t they simply send it to the FBI and have them crack it? Too many hands handling the thing. The chain of custody on this evidence leaves a lot to be desired.
Could that place be LAPD.
Obvious that the prosecution has tampered w evidence. Enough to have DeeDee testimony thrown out....and enough to toss conviction on appeal
Perry Kuhl — Santa Barbara Sheriffs Department
It's directed at DeeDee and it's supposed to be turned over prior to her deposition.
They want anything that she has with Trayvon's voice on it -- like messages on her phone.
Let's see if they get anything ----
With no continuance on the horizon this thing could move rather quickly.
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